Petitions for Modification
The following parties have filed petitions to modify the
application of existing safety standards under section 101(c) of the
Federal Mine Safety and Health Act of 1977.

1. The Coteau Properties Company

[Docket No. M-2004-009-C]

The Coteau Properties Company, 204 County Road 15, Beulah, North
Dakota 58523-9475 has filed a petition to modify the application of 30
CFR 77.803 (Fail safe ground check circuits on high-voltage resistance
grounded systems) to its Freedom Mine (MSHA I.D. No. 32-00595) located
in Mercer County, North Dakota. The petitioner requests a modification
of the existing standard to allow an alternative method of compliance
when the boom/mast is raised or lowered during construction/
maintenance, most likely only during disassembly or major maintenance.
The petitioner proposes to use this procedure only to raise or lower
the boom/mast on draglines using the on-board motor generator sets. The
petitioner states that during this period of construction/maintenance,
the machine will not move under its own power and will not perform
mining operations. The procedure would most likely be used only in
instances of disassembly or major maintenance, which require the boom
to be raised or lowered, and a written procedure would be developed and
implemented by the mine operator or contractor and the affected persons
will be trained on the requirements of the procedure. The petitioner
further states that this procedure does not replace other mechanical
precautions or the requirements of 30 CFR 77.405(b) that are necessary
to safely secure booms/masts during construction or maintenance
procedures. The petitioner asserts that its proposed alternative method
would not result in a diminution of safety to the miners.

2. TXU-Mining Company LP

[Docket No. M-2004-010-C]

TXU-Mining Company LP, 1601 Bryan Street, Dallas, Texas 75201-3411
has filed a petition to modify the application of 30 CFR 77.803 (Fail
safe ground check circuits on high-voltage resistance grounded systems)
to its Big Brown Strip Mine (MSHA I.D. No.41-01192) located in
Freestone County, Texas; Winfield North Strip Mine (MSHA I.D. No. 41-
01900) and Winfield South Strip Mine (MSHA I.D. No. 41-03658) located
in Titus County, Texas; Beckville Strip Mine (MSHA I.D. No. 41-02632)
and Tatum Strip Mine (MSHA I.D. No. 41-03659) located in Panola County,
Texas; and Oak Hill Strip Mine (MSHA I.D. No. 41-03660) located in Rusk
County, Texas. The petitioner requests a modification of the existing
standard to allow an alternative method of compliance when the boom/
mast is raised or lowered during necessary repairs. The petitioner
states that during the procedure for raising and lowering the boom for
construction/maintenance, the machine will not be performing mining
operations. The procedure would also be applicable in instances of
disassembly or major maintenance which require the boom to be raised or
lowered. The petitioner further states that the procedures of raising
and lowering the boom/mast during disassembly or major maintenance
would be performed on an as needed basis; and training and review of
the procedures would be conducted prior to each time it is needed since
raising and lowering the boom is done infrequently with long intervals
of time between each occurrence, and all persons involved in the
process will be trained or retrained at that time. The petitioner has
listed specific guidelines in this petition that would be followed to
minimize the potential for electrical power loss during this critical
boom procedure. The petitioner asserts that this procedure does not
replace other mechanical precautions or the requirements 30 CFR
77.405(b) that are necessary to safely secure boom/masts during
construction or maintenance procedures and that its proposed
alternative method would not result in a diminution of safety to the
miners.

3. Speed Mining, Inc.

[Docket No. M-2004-011-C]

Speed Mining, Inc., 1001 Pennsylvania Avenue, NW., Washington, DC
20004-2595 has filed a petition to modify the application of 30 CFR
75.1700 (Oil and gas wells) to its American Eagle Mine (MSHA I.D. No.
46-05437) located in Kanawha County, West Virginia. The petitioner
requests that its previously granted petition for modification, docket
number M-2002-082-C, be amended to permit the mining through of certain
wells located within the projected workings of the Speed Mining, Inc.,
American Eagle Mine. The petitioner requests an amendment to the
petition, but requests that no portion of the existing modification be
revoked. The petitioner is requesting the petition to be amended
because the existing modification does not address certain kinds of
wells and plugging conditions that it expects to encounter imminently
at the American Eagle Mine. The petitioner asserts that the granting of
this petition to amend would at all times guarantee no less than the
same measure of protection as the existing standard or the alternative
requirements in Paragraph 1 of the existing modification and will
prevent a diminution of safety to the miners.

Request for Comments

Persons interested in these petitions are encouraged to submit
comments via e-mail to zzMSHA-Comments@dol.gov, or on a computer disk along with an original hard copy to the Office of Standards, Regulations, and
Variances, Mine Safety and Health Administration, 1100 Wilson
Boulevard, Room 2350, Arlington, Virginia 22209. All comments must be
postmarked or received in that office on or before April 22, 2004.
Copies of these petitions are available for inspection at that address.